Understanding Your Options as a Father in a Divorce
So, let’s say you’re married, and the marriage is ending and she’s taking the kids and split. What are your options at that point to enforce your custodial rights?
My name is Brian L. Jackson, I’m a Oklahoma father’s rights attorney with Dads.Law. Fathers are not disposable, and we’re now talking about a situation where you were married and now she’s left, and maybe she took the kids. Again, you’re looking at having to avail yourself of the court. Unfortunately, that’s going to be a common theme here, there isn’t a whole lot you can do outside of go to court.
Understanding Your Legal Position as a Married Father
You are in a stronger legal position, though, as a married father as opposed to an unwed father for this reason. The starting point when you’re married is you’re both presumed to have equal rights, which makes you more or less de facto joint custodian. You have the same rights she does.
If she takes the kids and splits, you may have some other options depending on the circumstances. You could potentially look at filing a habeas writ, or filing for emergency custody if she’s threatening to take the kids and abscond, which you may not have in a paternity scenario because you have to establish rights before you can do things like that. There is that advantage.
Immediate Actions to Protect Your Custodial Rights
You actually have something in the way of a legal custodial right to enforce in a divorce situation that you would not have in a paternity situation, although you still do have to file the divorce. If she’s threatening, if it’s looking like she’s going to split, then you want to get after it sooner rather than later.
Something else to be aware of, too, though, you don’t have to let her leave with the kids if you’re married because, again, you have the same rights she does. The father of you, in theory, could have legal custody of the kids at any given point in time, or I should say, could have physical possession of the kids at any given time, and it’s legal.
Seeking Legal Counsel for Your Specific Situation
If you have questions about that, if you know your marriage is on the rocks, you need good legal counsel. One place you can find a good Tulsa child custody lawyer is at Dads.Law, where fathers are not disposable.
Get a Free Consultation Today
If you want to understand your rights and options as a father in a divorce, contact us at Dads.Law for a free consultation. Call us to schedule an appointment and let us help you protect your custodial rights.